I'm actually not, I'm saying that what "government" meant in the early 1800s is "a question for the court" - but I'm pretty sure it didn't unambiguously mean "nation" since the law listed out both.
The issue before the court will be whether Tren de Aragua is covered - Trump admin says it is.
So when Sotomayor says the case shouldn't even be heard because they aren't a "nation" she's prejudging the question before the court on behalf of all the other Supremes. Which I have to say is at least consistent with her "wise Latina" arrogance.
It does seem clear to me that the law was intended as 'any identifiable, organized group of foreigners'. Back then it wasn't just well-formed US / Canada / Mexico as basically all of North America. There were Indian tribes, local and splinter governments, and independent lands. I really doubt they intended for the Navajo to be okay invading us because they weren't a nation-state, or for the government to deport all Shoshone after a Ute incursion.
That seems to me the intent of the "public proclamation of the event" - so it's clear who is getting rounded up and only those people in the group that actually did it.
I'm not actually not, I'm saying that what "government" meant in the early 1800s is "a question for the court" - but I'm pretty sure it didn't unambiguously mean "nation" since the law listed out both.
The issue before the court will be whether Tren de Aragua is covered - Trump admin says it is.
So when Sotomayor says the case shouldn't even be heard because they aren't a "nation" she's prejudging the question before the court on behalf of all the other Supremes. Which I have to say is at least consistent with her "wise Latina" arrogance.
It does seem clear to me that the law was intended as 'any identifiable, organized group of foreigners'. Back then it wasn't just well-formed US / Canada / Mexico as basically all of North America. There were Indian tribes, local and splinter governments, and independent lands. I really doubt they intended for the Navajo to be okay invading us because they weren't a nation-state, or for the government to deport all Shoshone after a Ute incursion.
That seems to me the intent of the "public proclamation of the event" - so it's clear who is getting rounded up and only those people in the group that actually did it.